ONTARIO

SEAL

Court File Number

     (Name of court) Form 8A: Application

(Divorce)

at      Simple (divorce only)

Court office address Joint

Applicant(s)Full legal name & address for service – street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

Lawyer’s name & address – street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

           

Respondent(s)Full legal name & address for service – street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

Lawyer’s name & address – street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

           

IN THIS CASE, THE APPLICANT IS CLAIMING DIVORCE ONLY.

TO THE RESPONDENT(S): A COURT CASE FOR DIVORCE HAS BEEN STARTED AGAINST YOU IN THIS COURT. THE DETAILS ARE SET OUT ON THE ATTACHED PAGES.

THIS CASE IS ON THE STANDARD TRACK OF THE CASE MANAGEMENT SYSTEM. No court date has been set for this case but, if you have been served with a notice of motion, it has a court date and you or your lawyer should come to court for the motion. A case management judge will not be assigned until one of the parties asks the clerk of the court to schedule a case conference or until a notice of motion under subrule 14(5) is served before a case conference has been held. If, after 200 days, the case has not been scheduled for trial, the clerk of the court will send out a warning that the case will be dismissed in 30 days unless the parties file proof that the case has been settled or one of the parties asks for a case conference or settlement conference.

IF YOU WANT TO OPPOSE ANY CLAIM IN THIS CASE, you or your lawyer must prepare an Answer (Form 10 – a blank copy should be attached), serve a copy on the applicant and file a copy in the court office with an Affidavit of Service (Form 6B). YOU HAVE ONLY 30 DAYS AFTER THIS APPLICATION IS SERVED ON YOU (60 DAYS IF THIS APPLICATION IS SERVED ON YOU OUTSIDE CANADA OR THE UNITED STATES) TO SERVE AND FILE AN ANSWER. IF YOU DO NOT, THE CASE WILL GO AHEAD WITHOUT YOU AND THE COURT MAY MAKE AN ORDER AND ENFORCE IT AGAINST YOU.

IF YOU WANT TO MAKE A CLAIM OF YOUR OWN, you or your lawyer must fill out the claim portion in the Answer, serve a copy on the applicant(s) and file a copy in the court office with an Affidavit of Service.

· If you want to make a claim for support but do not want to make a claim for property or exclusive possession of the matrimonial home and its contents, you MUST fill out a Financial Statement (Form 13), serve a copy on the applicant(s) and file a copy in the court office.

· However, if your only claim for support is for child support in the table amount specified under the Child Support Guidelines, you do not need to fill out, serve or file a Financial Statement.

· If you want to make a claim for property or exclusive possession of the matrimonial home and its contents, whether or not it includes a claim for support, you MUST fill out a Financial Statement (Form 13.1, not Form 13), serve a copy on the applicant(s), and file a copy in the court office.

YOU SHOULD GET LEGAL ADVICE ABOUT THIS CASE RIGHT AWAY. If you cannot afford a lawyer, you may be able to get help from your local Legal Aid Ontario office. (See your telephone directory under LEGAL AID.)

FLR 8A (September 1, 2005) Page 1 of 5

Form 8A: Application (Divorce) (page 2) Court File Number

     

THIS CASE IS A JOINT APPLICATION FOR DIVORCE. THE DETAILS ARE SET OUT ON THE ATTACHED PAGES. The application and affidavits in support of the application will be presented to a judge when the materials have been checked for completeness.

If you are requesting anything other than a simple divorce, such as support or property or exclusive possession of the matrimonial home and its contents, then refer to page 1 for instructions regarding the Financial Statement you should file.

Date of issue Clerk of the court

FLR 8A (September 1, 2005) Page 2 of 5

Form 8A: Application (Divorce) (page 3) Court File Number

     

FAMILY HISTORYAPPLICANT: Age:       Birthdate: (d, m, y)      

Resident in (municipality & province)      

since (date)      

Surname at birth:       Surname just before marriage:      

Divorced before? No Yes (Place and date of previous divorce)           

RESPONDENT/JOINT APPLICANT:Age:       Birthdate: (d, m, y)      

Resident in (municipality & province)      

since (date)      

Surname at birth:       Surname just before marriage:      

Divorced before? No Yes (Place and date of previous divorce)           

RELATIONSHIP DATES:Married on (date)       Started living together on (date)      

Separated on (date)       Never lived together

THE CHILD(REN)List all children involved in this case, even if no claim is made for these children.

Full legal name Age Birthdate(d,m,y)

Resident in(municipality & province)

Now Living With(name of person and relationship to

child)                                                                                                                                                                                                           

PREVIOUS CASES OR AGREEMENTSHave the parties or the children been in a court case before?

No Yes (Attach a Summary of Court Cases – Form 8E.)

Have the parties made a written agreement dealing with any matter involved in this case?

No Yes (Give date of agreement. Indicate which of its terms are in dispute. Attach an additional page if you need more space.)     

FLR 8A (September 1, 2005) Page 3 of 5

Form 8A: Application (Divorce) (page 4) Court File Number

     

CLAIMSUSE THIS FRAME ONLY IF THIS CASE IS A JOINT APPLICATION FOR DIVORCE

WE JOINTLY ASK THE COURT FOR THE FOLLOWING:Claims under the Divorce Act Claims under the Family Law Act or

Children’s Law Reform ActClaims relating to property

00 a divorce 10 spousal support 20 equalization of net family properties01 spousal support 11 support for child(ren) –

table amount02 support for child(ren) – table amount

21 exclusive possession of matrimonial home12 support for child(ren) –

other than table amount03 support for child(ren) – other than table amount

22 exclusive possession of contents of matrimonial home

13 custody of child(ren)04 custody of child(ren) 14 access to child(ren)05 access to child(ren) 15 restraining/non-harassment

order23 freezing assets24 sale of family property

16 indexing spousal support17 declaration of parentage18 guardianship over child’s

propertyOther claims30 costs31 annulment of marriage32 prejudgment interest50 Other (Specify)

     

USE THIS FRAME ONLY IF THE APPLICANT’S ONLY CLAIM IN THIS CASE IS FOR DIVORCE.

I ASK THE COURT FOR:(Check if applicable.)

00 a divorce 30 costs

IMPORTANT FACTS SUPPORTING THE CLAIM FOR DIVORCESeparation: The spouses have lived separate and apart since (date)       and

have not lived together again since that date in an unsuccessful attempt to reconcile.have lived together again during the following periods(s) in an unsuccessful attempt to reconcile: (Give dates.)

     

Adultery: (Name of spouse)       has committed adultery. (Give details. It is not necessary to name any other person involved but if you do name the other person, then you must serve this application on the other person.)

     

Cruelty: (Name of spouse)       has treated (name of

spouse)       with physical or mental cruelty of such a kind as to make continued cohabitation intolerable. (Give details.)

     

FLR 8A (September 1, 2005) Page 4 of 5

Form 8A: Application (Divorce) (page 5) Court File Number

     

USE THIS FRAME ONLY IF THIS CASE IS A JOINT APPLICATION FOR DIVORCE.The details of the other order(s) that we jointly ask the court to make are as follows: (Include any amounts of support and the names of the children for whom support, custody or access is to be ordered.)     

IMPORTANT FACTS SUPPORTING OUR CLAIM(S)(Set out the facts that form the legal basis for your claim(s). Attach an additional page if you need more space.)     

Put a line through any blank space left on this page.

Complete this section if your only claim is for a divorce. Your lawyer, if you are represented, must complete the Lawyer’s Certificate below.

     Date of signature Signature of applicant

Complete this section if you are making a joint application for divorce. Your lawyer, if you are represented, must complete the Lawyer’s Certificate below.

     Date of signature Signature of joint applicant

     Date of signature Signature of joint applicant

LAWYER’S CERTIFICATEMy name is:      

and I am the lawyer for (name)       in this divorce case. I certify that I have complied with the requirements of section 9 of the Divorce Act.

     Date Signature of Lawyer

My name is:      

and I am the lawyer for (name)       in this divorce case. I certify that I have complied with the requirements of section 9 of the Divorce Act.

     Date Signature of Lawyer

FLR 8A (September 1, 2005) Page 5 of 5